Tag Archives: Landowner Continuing Obligations

Ashley II Court Addresses the BFPP Defense

by Mike Sowinski | 01 / 19 / 2011 |

In the years I’ve spent helping to draft a Continuing Obligations Guide as part of the ASTM E50 Committee, my colleagues and I have often acutely noted (and perhaps lamented) that no court has ever directly addressed CERCLA’s Bonafide Prospective Purchaser (“BFPP”) defense.  Well now there’s a case.  In Ashley II of Charlseston LLC v. PCS Nitrogen, [...]

Posted in Continuing Obligations
Tagged , , , ,

EPA Cleanup Proposal Relies on Institutional Control Monitoring

by Mike Sowinski | 07 / 18 / 2010 |

A recent EPA cleanup proposal directly recognizes what many have come to accept as a given – cleanups need institutional controls (ICs), monitoring of ICs is a critical component of cleanup remedies, and private sector landwatch services make monitoring effective. Recognizing the key role of IC monitoring, EPA’s June 2010 “proposed plan” for a Southern [...]

Posted in LandWatch
Tagged , , , , ,

Learning Lessons from a Personal Encounter with a Failing Groundwater Recovery System

by Bob Wenzlau | 07 / 13 / 2010 |

Children playing patty-cake in the discharge of the discharge of a remediation recovery well: this article reveals first-hand challenges to landowners and responsible parties when a remedial piping fails.  As the task group chair for ASTM’s Continuing Obligations Guide, Terradex’s Bob Wenzlau shares his personal encounter with a failed remedial system, the difficult to report [...]

Posted in Continuing Obligations
Tagged , , , ,

Leading ASTM’s Continuing Obligations Practice Standard

by Bob Wenzlau | 06 / 30 / 2009 |

In October 2005, Bob Wenzlau of Terradex was appointed Task Group Chair to build a practice standard for Landowner Continuing Obligations. When complete, the practice standards will systematically improve the long-term public and environmental safety at brownfields while limiting financial liabilities brownfield redevelopers. The Task Group includes participation from USEPA, state government, brownfield redevelopers, environmental [...]

Posted in Continuing Obligations
Tagged , , , ,